CHESTERFIELD, Va. — At the request of Marine veteran Brandon Raub,
attorneys for The Rutherford Institute are preparing to file a civil
lawsuit in the near future against government officials who were
involved in the arrest and detention of the 26-year-old Virginia
resident, who was arrested by a swarm of FBI, Secret Service agents and
local police on Aug. 16, 2012, and forcibly detained in a psychiatric
ward from Aug. 16-Aug. 23 for posting controversial song lyrics and
political views on his private Facebook page.

In challenging the government’s actions as unlawful and an egregious
abuse of power, Institute attorneys hope to shed light on and put a stop
to what appears to be a growing problem in terms of a governmental
system seemingly targeting Americans—especially military veterans—for
expressing their discontent about the state of affairs in America. Since
coming to Raub’s defense, The Rutherford Institute has been contacted
by military veterans across the country recounting similar incidents.
(More than 20,000 civil commitments were carried out in 2011 in Virginia
alone.) In announcing their intention to file a civil suit against
government officials, Rutherford Institute attorneys plan to take issue
with the manner in which Virginia’s civil commitment statutes are being
used to silence individuals engaged in lawfully exercising their free
speech rights. Under these laws, a person may only be involuntarily
committed upon clear and convincing evidence that he or she has a mental
illness, that there is substantial likelihood that the person will
cause serious physical harm to himself or others in the near future, and
that there is evidence of recent, actual behavior of causing,
attempting, or threatening harm to others. Anthony Troy and Brian Fowler
with Troutman Sanders LLP of Richmond, Va., will be acting as affiliate
attorneys for The Rutherford Institute in preparation of the civil
lawsuit.

“Brandon Raub’s case exposed the seedy underbelly of a governmental
system that seems to be targeting Americans—especially military
veterans—for expressing their discontent over America’s rapid transition
to a police state,” said John W. Whitehead, president of The Rutherford
Institute. “As we are learning, Brandon Raub is not the first veteran
to be targeted for speaking out against the government, detained against
his will—despite having threatened no one, and isolated from his
family, friends and attorneys. Hopefully, by holding officials
accountable, we can ensure that Brandon is the last to suffer in this
way.”

On Aug.16, 2012, Chesterfield police, Secret Service and FBI agents
arrived at Brandon Raub’s home, asking to speak with him about his
Facebook posts. Like many Facebook users, Raub, a Marine who has served
tours in Iraq and Afghanistan, uses his Facebook page to post song
lyrics and air his political opinions, as well as engage in virtual
games. Without providing any explanation, levying any charges against
Raub or reading him his rights, law enforcement officials handcuffed
Raub and transported him to police headquarters, then to John Randolph
Medical Center, where he was held against his will and beyond the time
limits allowed. In a hearing on August 20, government officials pointed
to Raub’s Facebook posts as the reason for his incarceration. Ignoring
Raub’s explanations about the fact that the FB posts were being read out
of context, a Special Justice sentenced Raub to up to 30 days’ further
confinement. In coming to Raub’s defense, The Rutherford Institute,
aided by Troutman Sanders attorneys, challenged the government’s actions
as procedurally improper, legally unjustified, and in violation of
Raub’s First Amendment rights. On August 23, Circuit Court Judge Allan
Sharrett ordered Raub immediately released, noting that the government’s
case was “so devoid of any factual allegations that it could not be
reasonably expected to give rise to a case or controversy.”